[EL] ELB News and Commentary 11/30/20

[Rick Hasen]

Listen Live to the Oral Argument at Supreme Court in the Census Case<https://electionlawblog.org/?p=119151>
Posted on November 30, 2020 7:57 am<https://electionlawblog.org/?p=119151> by Rick Hasen<https://electionlawblog.org/?author=3>

In progress here<https://www.c-span.org/video/?477428-1/trump-v-york-oral-argument&live>.
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Posted in census litigation<https://electionlawblog.org/?cat=125>, Supreme Court<https://electionlawblog.org/?cat=29>


“Judge freezes voting machines in three Georgia counties”<https://electionlawblog.org/?p=119149>
Posted on November 30, 2020 7:52 am<https://electionlawblog.org/?p=119149> by Rick Hasen<https://electionlawblog.org/?author=3>

Josh Gerstein<https://www.politico.com/news/2020/11/30/judge-freezes-voting-machines-georgia-counties-441342> for Politico:

A judge assigned to a Republican-led lawsuit alleging widespread fraud in the presidential election in Georgia issued an order late Sunday night blocking plans to wipe or reset voting machines used in three counties in the state.

U.S. District Judge Timothy Batten Sr. revealed in his four-page directive<https://beta.documentcloud.org/documents/20417947-pearonvkempfiledorder112920> that he held a hearing via Zoom Sunday evening on the suit — one of two cases filed in federal courts last week by Sidney Powell, an outspoken Texas attorney who joined President Donald Trump’s legal team earlier this month only to be dismissed from it a few days later.

The hearing was not announced on the court’s docket and appears not to have been open to the press or public. It seems to have focused on claims that the election results in Georgia were wildly inaccurate due to use of machines from a leading vendor of voting equipment — Dominion Election Systems.

Powell has alleged, based on scant evidence, that the firm’s foreign ties allowed hostile governments to meddle in the U.S. election via a conspiracy that involved both Democratic and Republican U.S. officials.

While many Democratic and some Republican officials have dismissed Powell’s claims as a fantasy, some GOP leaders are also warning that the effort to stoke doubt about the just-completed election could depress Republican turnout in a pair of runoff elections set for Jan. 5 in Georgia that could determine whether the GOP or Democrats control the U.S. Senate for the next two years.

Batten’s temporary restraining order issued after 10 p.m. Sunday applies to Dominion voting machines in Cobb and Gwinett counties, which favored President-elect Joe Biden, as well as smaller Cherokee County, which favored Trump.

“Defendants are hereby enjoined and restrained from altering, destroying, or erasing, or allowing the alteration, destruction, or erasure of, any software or data on any Dominion voting machine in Cobb, Gwinnett, and Cherokee Counties,” wrote Batten, an appointee of President George W. Bush.

According to Batten, counsel for the defendants in the suit — Gov. Brian Kemp (R-Ga.), Secretary of State Brad Raffensperger and four other members of the Georgia Elections Board — argued that the court had no jurisdiction over the counties because they are not parties to the case. The defendants also argued that allowing experts working for plaintiffs to inspect the machines “would pose substantial security and proprietary/trade secret risks,” Batten’s order says.

The judge agreed to receive a brief by Wednesday afternoon from Kemp and Raffensperger detailing the reasons why they oppose allowing Powell’s team to conduct “forensic inspections” of the machines in the three counties.

n his order, Batten granted another request from the GOP plaintiffs, ordering the state to “promptly” provide the challengers with a copy of the state’s contract with Dominion.

In another development Monday morning, Batten certified<https://www.courtlistener.com/recap/gov.uscourts.gand.284055/gov.uscourts.gand.284055.15.0_1.pdf> his temporary restraining order for appeal, meaning that the state officials who are defendants in the case or perhaps even the counties affected could immediately appeal it to the 11th Circuit Court of Appeals.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, election administration<https://electionlawblog.org/?cat=18>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>, voting technology<https://electionlawblog.org/?cat=40>


“Most Republicans Say They Doubt the Election. How Many Really Mean It?”<https://electionlawblog.org/?p=119147>
Posted on November 30, 2020 7:44 am<https://electionlawblog.org/?p=119147> by Rick Hasen<https://electionlawblog.org/?author=3>

NYT’s The UpShot reports.<https://www.nytimes.com/2020/11/30/upshot/republican-voters-election-doubts.html>
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“There Aren’t Serious Enough Consequences for Those Trying to Break American Democracy”<https://electionlawblog.org/?p=119145>
Posted on November 30, 2020 7:41 am<https://electionlawblog.org/?p=119145> by Rick Hasen<https://electionlawblog.org/?author=3>

Quinta Jurecic<https://www.theatlantic.com/ideas/archive/2020/11/there-arent-enough-consequences-trying-break-american-democracy/617214/> for The Atlantic:

Donald Trump will not serve a second term. The litigation launched by his campaign and the Republican Party to overturn the election results has no chance of preventing Joe Biden from swearing the oath of office on January 20—as Trump himself seemed to haltingly recognize<https://www.nytimes.com/2020/11/23/us/politics/trump-transition-biden.html> last week after his administration finally allowed the presidential transition to begin. But even though the worst has not come to pass, Trump and his team are doing lasting damage to American democracy as the president struggles to come to grips with the reality of his loss. And yet, these lawyers and officials will likely face no real consequences for their actions—and if they do, those repercussions will not be enough to address the scale of the problem….
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


60 Minutes Interview: “Fired Director of US Cyber Agency Chris Krebs Explains Why President Trump’s Claims of Election Interference are False”<https://electionlawblog.org/?p=119143>
Posted on November 30, 2020 7:37 am<https://electionlawblog.org/?p=119143> by Rick Hasen<https://electionlawblog.org/?author=3>

Watch the video<https://www.cbsnews.com/news/election-results-security-chris-krebs-60-minutes-2020-11-29/>.
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Posted in chicanery<https://electionlawblog.org/?cat=12>, election administration<https://electionlawblog.org/?cat=18>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>


“The Supreme Court Must Choose Between Trump and the Constitution in the Census Case”<https://electionlawblog.org/?p=119141>
Posted on November 30, 2020 7:34 am<https://electionlawblog.org/?p=119141> by Rick Hasen<https://electionlawblog.org/?author=3>

David Gans <https://slate.com/news-and-politics/2020/11/trump-v-new-york-supreme-court-census-case-test.html> for Slate.
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Posted in census litigation<https://electionlawblog.org/?cat=125>, Supreme Court<https://electionlawblog.org/?cat=29>


“Source: Pa. lawmaker gets a positive test at Trump meeting”<https://electionlawblog.org/?p=119139>
Posted on November 29, 2020 4:46 pm<https://electionlawblog.org/?p=119139> by Rick Hasen<https://electionlawblog.org/?author=3>

AP:<https://apnews.com/article/joe-biden-donald-trump-pennsylvania-gettysburg-coronavirus-pandemic-70354ddc031781fb7ee476809a6b67db>

 A Pennsylvania state senator abruptly left a West Wing meeting with President Donald Trump after being informed he had tested positive for the coronavirus, a person with direct knowledge of the meeting told The Associated Press on Sunday.

Republican state Sen. Doug Mastriano had gone to the White House last Wednesday with like-minded Republican state lawmakers shortly after a four-hour-plus public meeting that Mastriano helped host in Gettysburg — maskless — to discuss efforts to overturn president-elect Joe Biden’s victory in the state.

Trump told Mastriano that White House medical personnel would take care of him, his son and his son’s friend, who were also there for the Oval Office meeting and tested positive. The meeting continued after Mastriano and the others left, the person said.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Republicans, the Rule of Law, and the Fate of American Democracy”<https://electionlawblog.org/?p=119137>
Posted on November 29, 2020 4:25 pm<https://electionlawblog.org/?p=119137> by Rick Hasen<https://electionlawblog.org/?author=3>

Bryan Wildenthal<https://www.jurist.org/commentary/2020/11/bryan-wildenthal-republicans-law-american-democracy/> for Jurist.
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Posted in Uncategorized<https://electionlawblog.org/?cat=1>


“Trump slams judges’ election decisions: ‘What kind of a court system is this?'”<https://electionlawblog.org/?p=119134>
Posted on November 29, 2020 12:39 pm<https://electionlawblog.org/?p=119134> by Rick Hasen<https://electionlawblog.org/?author=3>

Trump continues<https://www.foxnews.com/politics/trump-sunday-morning-futures-judges-election-lawsuits> his abhorrent delegitimization efforts.

See also Fox News Lets Trump Spew Lies Unchecked In First Interview Since Election Day<https://www.huffpost.com/entry/trump-maria-bartiromo-interview_n_5fc3c515c5b61d04bfaa9471>
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>


After Losing Unanimously in Pennsylvania Supreme Court in Case Seeking to Overturn Election Results on Absurd Theory, PA Republicans Vow Appeal to U.S. Supreme Court Despite Lack of a Federal Issue<https://electionlawblog.org/?p=119132>
Posted on November 29, 2020 12:37 pm<https://electionlawblog.org/?p=119132> by Rick Hasen<https://electionlawblog.org/?author=3>

Fox News reports<https://www.foxnews.com/politics/pennsylvania-republicans-supreme-court-review-motion-sean-parnell> an emergency motion will be filed with SCOTUS today.

My earlier coverage of this lawsuit is here<https://electionlawblog.org/?p=119119>.
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Posted in absentee ballots<https://electionlawblog.org/?cat=53>, chicanery<https://electionlawblog.org/?cat=12>


Wisconsin: “Biden gains 87 votes in Trump’s $3 million Wisconsin recount as Dane County wraps up review. President plans lawsuit.”<https://electionlawblog.org/?p=119130>
Posted on November 29, 2020 12:33 pm<https://electionlawblog.org/?p=119130> by Rick Hasen<https://electionlawblog.org/?author=3>

Milwaukee Journal-Sentinel:<https://www.jsonline.com/story/news/politics/2020/11/29/dane-county-recount-show-biden-won-wisconsin-trump-prepares-lawsuit/6455880002/>

Wisconsin’s partial recount boosted Democrat Joe Biden’s victory by 87 votes Sunday as President Donald Trump said he was preparing a lawsuit to overturn the results.

The completion of Dane County’s retallying of the vote came two days after Milwaukee County finished<https://www.jsonline.com/story/news/politics/elections/2020/11/27/milwaukee-county-recount-wraps-up-biden-adding-his-margin/6428186002/> its recount.

Biden netted 132 votes in Milwaukee County and Trump netted 45 votes in Dane County. When taken together, that increased Biden’s statewide margin<https://www.jsonline.com/story/news/politics/2020/11/17/biden-won-wisconsin-20-600-votes-recount-possible/6323441002/> to 20,695 votes out of about 3 million cast.

Trump’s campaign paid $3 million to cover the cost of the recounts in Wisconsin’s two most Democratic counties so he could pursue a long-shot lawsuit<https://www.jsonline.com/story/news/politics/2020/11/19/wisconsin-recount-could-quickly-turn-into-lawsuit/3777263001/> to claim the state’s 10 electoral votes.

Trump on Saturday tweeted that he would file a lawsuit<https://twitter.com/realDonaldTrump/status/1332776310196883461?s=20> in Wisconsin by Tuesday, when the state Elections Commission is set to certify the results.

“The Wisconsin recount is not about finding mistakes in the count, it is about finding people who have voted illegally, and that case will be brought after the recount is over, on Monday or Tuesday,” Trump wrote.

The recount has not turned up evidence of fraud, prompting Twitter to label his tweet as disputed. Trump’s campaign has alleged long-standing voting practices in Wisconsin are illegal and sought to throw out about 238,000 ballots<https://www.jsonline.com/story/news/politics/elections/2020/11/27/trump-wants-throw-out-ballots-238-000-wisconsin-voters/6437897002/> in Dane and Milwaukee counties.
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Posted in fraudulent fraud squad<https://electionlawblog.org/?cat=8>, recounts<https://electionlawblog.org/?cat=50>


“1 In 3 Americans Didn’t Vote. Should We Force Them To Next Time?”<https://electionlawblog.org/?p=119128>
Posted on November 29, 2020 12:30 pm<https://electionlawblog.org/?p=119128> by Rick Hasen<https://electionlawblog.org/?author=3>

BuzzFeed reports.<https://www.buzzfeednews.com/article/juliareinstein/us-compulsory-voting-mandatory>
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Posted in voting<https://electionlawblog.org/?cat=31>


“20 days of fantasy and failure: Inside Trump’s quest to overturn the election”<https://electionlawblog.org/?p=119126>
Posted on November 28, 2020 6:27 pm<https://electionlawblog.org/?p=119126> by Rick Hasen<https://electionlawblog.org/?author=3>

WaPo deep dive:<https://www.washingtonpost.com/politics/trump-election-overturn/2020/11/28/34f45226-2f47-11eb-96c2-aac3f162215d_story.html>

The facts were indisputable: President Trump had lost.

But Trump refused to see it that way. Sequestered in the White House and brooding out of public view after his election defeat, rageful and at times delirious in a torrent of private conversations, Trump was, in the telling of one close adviser, like “Mad King George, muttering, ‘I won. I won. I won.’ ”

However cleareyed Trump’s aides may have been about his loss to President-elect Joe Biden, many of them nonetheless indulged their boss and encouraged him to keep fighting with legal appeals. They were “happy to scratch his itch,” this adviser said. “If he thinks he won, it’s like, ‘Shh . . . we won’t tell him.’ ”

Trump campaign pollster John McLaughlin, for instance, discussed with Trump a poll he had conducted after the election that showed Trump with a positive approval rating, a plurality of the country who thought the media had been “unfair and biased against him” and a majority of voters who believed their lives were better than four years earlier, according to two people familiar with the conversation, who spoke on the condition of anonymity to discuss private conversations. As expected, Trump lapped it up.

The result was an election aftermath without precedent in U.S. history. With his denial of the outcome, despite a string of courtroom defeats, Trump endangered America’s democracy, threatened to undermine national security and public health, and duped millions of his supporters into believing, perhaps permanently, that Biden was elected illegitimately.

Trump’s allegations and the hostility of his rhetoric — and his singular power to persuade and galvanize his followers — generated extraordinary pressure on state and local election officials to embrace his fraud allegations and take steps to block certification of the results. When some of them refused, they accepted security details for protection from the threats they were receiving.

“It was like a rumor Whac-A-Mole,” said Georgia Secretary of State Brad Raffensperger. Despite being a Republican who voted for Trump, Raffensperger said he refused repeated attempts by Trump allies to get him to cross ethical lines. “I don’t think I had a choice. My job is to follow the law. We’re not going to get pushed off the needle on doing that. Integrity still matters.”

All the while, Trump largely abdicated the responsibilities of the job he was fighting so hard to keep, chief among them managing the coronavirus<https://www.washingtonpost.com/coronavirus/?itid=lk_inline_manual_15> pandemic as the numbers of infections and deaths soared across the country. In an ironic twist, the Trump adviser tapped to coordinate the post-election legal and communications campaign, David Bossie, tested positive for the virus a few days into his assignment and was sidelined.

Only on Nov. 23 did Trump reluctantly agree to initiate a peaceful transfer of power by permitting the federal government to officially begin Biden’s transition — yet still he protested that he was the true victor.

The 20 days between the election on Nov. 3 and the greenlighting of Biden’s transition exemplified some of the hallmarks of life in Trump’s White House: a government paralyzed by the president’s fragile emotional state; advisers nourishing his fables; expletive-laden feuds between factions of aides and advisers; and a pernicious blurring of truth and fantasy.

Though Trump ultimately failed in his quest to steal the election, his weeks-long jeremiad succeeded in undermining faith in elections and the legitimacy of Biden’s victory.
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Posted in Election Meltdown<https://electionlawblog.org/?cat=127>, fraudulent fraud squad<https://electionlawblog.org/?cat=8>



--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>



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